Software Agreement

Please read all information thoroughly before downloading and installing any files.

For customers in any country and/or territory throughout the world except for Japan, the following terms shall apply:

YOU SHOULD CAREFULLY READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE USING THIS SOFTWARE (SPU Download Manager) AND ITS RELATED MATERIALS (COLLECTIVELY, THE "SONY SOFTWARE").

END-USER LICENSE AGREEMENT

This End-User License Agreement including the supplementary provisions attached hereto ("Agreement") is a legal agreement between you and Sony Corporation ("SONY"), the licensor of the SONY SOFTWARE. This Agreement covers the SONY SOFTWARE. By installing the SONY SOFTWARE in your personal computer or by using the SONY SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, SONY is unwilling to license the SONY SOFTWARE to you. In such event, you should not install, copy or use the SONY SOFTWARE.

Article 1 SONY SOFTWARE LICENSE

1. SONY SOFTWARE. The SONY SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SONY SOFTWARE is licensed, not sold.

2. Updates/Add-ons. Sony may, from time to time, offer you updates and/or add-ons for the SONY SOFTWARE at its option. Unless otherwise offered by Sony, this Agreement applies to your use of all of such updates and/or add-ons and you are deemed to have agreed to the above by installing the updates and/or add-ons in your personal computer or by using the updates and/or add-ons. For avoidance of doubt, this subsection 2 of Article 1 shall not be interpreted that Sony assumes any obligation to provide you an update or add-on of SONY SOFTWARE.

Article 2 GRANT OF LICENSE

Sony grants you a non-exclusive license, with no right to grant sub-licenses, to personally use the SONY SOFTWARE on your personal computer with or in relation to SONY's digital video camera recorder or digital still camera which the SONY SOFTWARE is bundled with or preinstalled into (the "Sony Product").

1. Storage Use/Network Use. You may not distribute the SONY SOFTWARE to other computers over any information network (expressly including the Internet or an internal network such as LAN).

2. Rental. You may not sell, rent or lease the SONY SOFTWARE to any third party.

3. Violation of the Title, Copyright or Other Rights. You may not prejudice or violate the title, copyrights or other rights of SONY and/or third parties by using the SONY SOFTWARE. You may not use the SONY SOFTWARE in breach of any laws and regulations.

4. Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile or disassemble the SONY SOFTWARE in whole or in part to the fullest extent that such restriction is not prohibited by applicable laws.

5. Accessed Content. All content accessed through the SONY SOFTWARE are the property of the applicable content owners and except as specifically set forth herein, this license gives you no right to such content.

6. Copying. You may not copy or reproduce any or all portion of the SONY SOFTWARE.

7. Separation of Components. The SONY SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

8. Software Transfer. You may not transfer all or a portion of your rights under this Agreement to any third party without obtaining prior written consent of SONY.

Article 4 COPYRIGHT

All title to and copyrights in the SONY SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SONY SOFTWARE), and any copies of the SONY SOFTWARE, are owned by SONY and/or the original right holder who grants Sony to use, distribute and license certain part of the SONY SOFTWARE ("Licensor"). All rights not specifically granted under this Agreement are reserved by SONY and Licensor.

Article 5 LIMITED WARRANTY---LIMITED WARRANTY ON CD-ROM MEDIUM.

SONY warrants that for a period of ninety (90) days from the date of your original purchase of the Sony Product, the CD-ROM on which the SONY SOFTWARE is stored will, as a recording medium, be free from defects in material and workmanship under normal use. This limited warranty extends only to you as the original licensee, and would not be extended to the successor of your rights pursuant to Section 8 of Article 3. SONY's entire liability and your exclusive remedy will be replacement of the CD-ROM medium not meeting SONY's limited warranty and which is returned to SONY with proof of original purchase of the Sony Product in the form of a bill of sale (which is evidence that the CD-ROM medium is within the warranty period). SONY will have no responsibility to replace a disk damaged by accident, abuse, misapplication, intention, negligence, alternation or faulty repair. ANY IMPLIED WARRANTIES ON THE CD-ROM MEDIUM, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAY PERIOD DESCRIBED ABOVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE.

Article 6 EXCLUSION OF WARRANTY ON THE SONY SOFTWARE

You expressly acknowledge and agree that use of the SONY SOFTWARE is at your sole risk. THE SONY SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND SONY AND LICENSOR EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY OF ALL FUNCTIONS OF THE SONY SOFTWARE AND AVAILABILITY OF ALL PRODUCTS AND SERVICES NECESSARY TO USE ANY FUNCTION OF THE SONY SOFTWARE. SONY AND LICENSOR DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SONY SOFTWARE WILL BE UNINTERRUPTED OR CORRECT. FURTHERMORE, SONY AND LICENSOR DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY, A SONY AUTHORIZED REPRESENTATIVE OR LICENSOR SHALL CREATE A WARRANTY. SHOULD THE SONY SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONY, A SONY AUTHORIZED REPRESENTATIVE OR LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Article 7 LIMITATION OF LIABILITY

SONY AND LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SONY SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SONY PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME, EVEN IF SONY AND/OR LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ENTIRE LIABILITY OF SONY AND LICENSOR UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE SONY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIVE OR LIMITATION OF DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

Article 8 DAMAGES ARISING OUT OF YOUR ACTIONS

You will defend and hold SONY and Licensor harmless from against all liabilities, demands, damages, costs, expense and losses arising out of the use of the SONY SOFTWARE and/or breach of any of the provisions of this Agreement by you.

Article 9 TERMINATION

1. You may terminate this Agreement at any time by stop using the SONY SOFTWARE.

2. Without prejudice to any other rights, SONY may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.

3. In case of termination of this Agreement, you shall remove the SONY SOFTWARE from your personal computer and destroy the CD-ROM on which the SONY SOFTWARE is stored and all copies of the SONY SOFTWARE, and if requested by SONY, submit to SONY a proof of the destruction thereof.

4. The provisions of Article 1 and Article 4 through 12 of this Agreement shall survive the termination of this Agreement.

Article 10 SEVERABILITY

If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid to the extent as permissible by law.

Article 11 GOVERNING LAW

1. This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of Japan.

2. YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT.

Article 12 LAW COMPLIANCE

You agree to comply with all applicable internal and national laws and regulations, and international treaties that apply to the SONY SOFTWARE, and any other applicable export regulation of U. S. and other countries. In addition to the terms provided in this Agreement, SONY may take appropriate measures to protect copyright of the SONY SOFTWARE.

Article 13 GENERAL

This Agreement shall be binding upon the parties' authorized successor and assignees. Neither party's waiver of any breach of failure to enforce any of the provisions of this Agreement at any time shall in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance with every other provision. No modification of this Agreement shall be effective unless in writing signed by both parties.

Supplementary Provision No. 1

SONY SOFTWARE has, among others, certain functionality defined below ("Image Upload"). When you use Image Upload, in addition to the above-mentioned terms and conditions the following terms and conditions shall apply to you as a part of the END-USER LICENSE AGREEMENT between you and Sony.

- NEITHER SONY NOR LICENSOR WARRANT OR MAKE ANY REPRESENTATION THAT YOU WILL BE ABLE TO USE IMAGE UPLOAD, OR ANY PART OF, ON ANY WEBSITES NOW OR IN THE FUTURE.

- You shall be responsible for bearing all costs and expenses necessary to use the Website and the services offered by such Websites.

- You shall use the services offered by the Websites at your sole risk and responsibility and in compliance with the terms and conditions of service at such Websites.

- Any Website may, at its sole discretion, cease or change the operation of such Website. SONY and Licensor shall NOT be liable for any loss or damages of you and third parties, whether direct, incidental, consequential or otherwise, arising out of or relating to the use or inability to use the services provided by such Website due to its cessation or change of the operation.

- When you upload your image data to a Website using Function1, your data will be transferred to such Website through the servers administered by or for SONY (the "SONY Servers"). You acknowledge and agree that (i) there may be time period in which you may not be able to upload your image data to any Website using Function1 for any reason (including the server maintenance of SONY Servers); and that (ii) when you upload your image data to Websites through the SONY Servers the SONY Servers will record certain non-personally identifiable data, such as the number of times the SONY SOFTWARE accesses a particular Website URL, and the version number and configuration of the SONY SOFTWARE, but at no time will the SONY SOFTWARE allow the SONY Servers record any personal information which may identify you; and that (iii) SONY will use such access count records only for the purpose of designing, developing, improving, offering, selling and rendering SONY group products and services.

- At any time, SONY may temporarily halt or permanently cease operation of the SONY Servers. SONY and Licensor shall NOT be liable for any loss or damages of you and third parties, whether direct, incidental, consequential or otherwise arising out of or relating to the use or inability to use the services provided by the Website due to such halt or cessation of the operation of the SONY Servers.

- If the use of services provided by certain Websites is prohibited or limited by the applicable laws and regulations of certain countries, you shall comply with such laws and regulations. In order to comply with such laws and regulations, SONY may take the steps to prevent or limit the use of such services the access to such Websites by using Imaged Upload. SONY and Licensor shall NOT be liable for any loss or damages of you and third parties, whether direct, incidental, consequential or otherwise arising out of or relating to the use or inability to use the services provided by the Website due to such steps taken by SONY.

Supplementary Provision No. 2

SONY SOFTWARE has, among others, certain additional functionality defined below (the "Information Tool"). When the Information Tool function is used, in addition to the above mentioned terms and conditions (excluding any Supplementary Provisions) the following terms and conditions shall apply to you as a part of the END-USER LICENSE AGREEMENT between you and Sony.

"Information Tool": Notifies you of the release of SONY SOFTWARE updates

- When the Information Tool is used, the SONY SOFTWARE will send to servers administered by of for SONY certain non-personally identifiable information, such as the configuration of your computer, version number and setting of your operating system and SONY SOFTWARE, and the usage histories of the Sony Product and SONY SOFTWARE. SONY will use such information solely for the purpose of notifying you regarding the release of SONY SOFTWARE updates and/or designing, developing, improving, offering, selling and rendering SONY group products and services. At no time will SONY be able to use the Information Tool to collect any personal information which may identify you. You may turn off the Information Tool at any time.